HomeMy WebLinkAboutCC Resolution 10504 (Overhead Utility Facilities)RESOLUTION NO. 10504
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING "AGREEMENT FOR THE CONVERSION
OF OVERHEAD UTILITY FACILITIES TO UNDERGROUND
UTILITY FACILITIES" BETWEEN CITY, PG&E, PACIFIC BELL,
AND TCI.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, on September 15, 1998, the City Council adopted Resolution
No. 9920 establishing Lindaro Rule 20A Utility Underground District; and
WHEREAS, this project is a joint endeavor involving the City,
Redevelopment Agency, PG&E, Pacific Bell, and TCI Cable to convert overhead utility
lines to underground; and
WHEREAS, an agreement between the participating agencies is required
for project coordination; and
district; and
WHEREAS, the City is the lead agency for Rule 20A underground
WHEREAS, the City has worked closely with the participating utility
agencies in the preparation of the agreement to specify the responsibilities and duties of
each agency and the distribution of project costs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael to adopt the resolution approving the agreement with PG&E, Pacific Bell, and
TCI Cable to convert overhead utility lines to underground and authorize the Mayor to
execute the agreement.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on the 20`" day of September, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
JEANNE M. LEONCINI, City Clerk
t
AGREEMENT FOR THE CONVERSION
OF OVERHEAD UTILITY FACILITIES TO UNDERGROUND UTILITY FACILITIES
This Agreement, made and entered into this 20th day of Sept , 1q9
I by and between the City
of San Rafael, a municipal organization duly organized under the laws of the State of California,
herein called "CITY", and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation;
PACIFIC BELL, a California corporation; and TCI herein collectively called "UTILITIES."
WITNESSETH:
WHEREAS, the City Council of the City of San Rafael, by adopting Resolution No. 99-X0
on 9 //5/x'7 , hereinafter called the LINDARO STREET UNDERGROUND UTILITY
DISTRICT, and
WHEREAS, City and UTILITIES have completed plans, specifications, and contract
documents for the conversion of overhead facilities of UTILITIES to underground, and the City has
completed plans, specifications, and contract documents for the roadway improvements, known as
the 2nd Street Widening Project, and the City is preparing to call for bids for the construction of the
joint trench improvements within the Lindaro Street Underground Utility District Improvements in
conjunction with the 2"d Street Widening Project, both taken together and hereinafter called the
PROJECT, and
WHEREAS, UTILITIES agree to the City's request that the City act as Project Manager in
accordance with California Public Utilities Commission (CPUC) Rules 20A (Pacific Gas and Electric
Co.) and (Pacific Bell) Rule No. 32 (Category No. 1) for the installation of those substructures as
shown on City plans entitled "Trench Composite Plan Lindaro Street Underground Utility District",
and as more specifically stipulated in this Agreement:
NOW, THEREFORE, IT IS AGREED as follows:
1. GENERAL PROVISIONS
A. The UTILITY facilities to be installed and constructed pursuant to this Agreement, in
conjunction with and as a part of the Project Plans, Project Specifications and Project
Contract documents approved by the City Council of CITY and filed in the office of
the Director of the Department of Public Works of CITY, will generally lie within the
limits of the rights of way of Second St. and Third St. between Brooks Street and
Tamalpais Avenue; and the right of way of Lindaro, Lootens and Cijos Streets
between Third Street and Fourth Street; the right-of-way of Ritter Street; and the
right-of-way of Lincoln Avenue between Fourth Street and 1,000 feet south of Second
Street. A copy of the Project Plans and Specifications will be made available for
inspection and review at the Department of Public Works of CITY.
B. CITY, as trenching agent, will include in the Project Specifications and Project Plans
and cause to be installed and constructed, the UTILITY facilities described in the
Project Contract Documents described above and "Form B" as described in Section
3-A herein. Bid items for said facilities, except as listed in Section 2 of this
Agreement, shall be included in the Project Bid Proposal in the Contract documents,
prepared by CITY, and the specified work shall be performed by the Project
Contractor in accordance with the approved Project Specifications and Project Plans.
11PROJECTS%San RaheMM12.04CONTRACTICONV-AGR DOC
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Lindaro Street Underground District
San Rafael
Utility Conversion Agreement
May 10, 1999
C. CITY shall provide, within seven (7) calendar days of the day of bid opening, a
summary of the bid proposals and notice to UTILITIES of the lowest responsible
bidder to whom the Contract will be recommended for award.
D. As required by law, CITY shall award a single, inseparable Contract to the bidder who
has submitted the lowest responsive and responsible bid proposal for the PROJECT.
E. Representatives of UTILITIES shall be available to consult and advise the CITY
representative regarding the acceptability, installation and construction of UTILITY
facilities. However, CITY shall have sole responsibility in all matters pertaining to
Project administration, control and inspection and for all of the phases of construction
and schedules of work included in the approved Project Specifications and Project
Plans. In all matters of Project administration, control, inspection and construction,
the decision of the Director of Public Works of CITY shall be binding and final unless
such construction will, in the opinion of UTILITIES, compromise compliance with the
regulations of the CPUC or the safety and reliability of the utility facilities.
F. CITY shall require that the Contractor shall name UTILITIES as additional insureds
on all insurance documents for said project. Such insurance provisions shall be
shown in the Contract Documents for Construction.
2. PROJECT CONSTRUCTION
In accordance with Paragraph 1-13 of this Agreement, CITY shall cause all labor,
materials, tools, equipment and incidentals to be furnished and all work in connection
with the installation of the substructure systems as shown on, described in, and to the
extent required by the approved Project Plans and Project Specifications to be
completed.
Project Plans include the joint trench composite plan, prepared by the City, and the
separate system plans prepared by the UTILITIES. A description of the separate system
plans is shown below for each agency. The project specifications shall indicate that the
information in the separate system plans, and the direction of the on-site Utility Agency
representative shall take precedence over the joint trench composite plan.
The work for which the CITY shall be responsible shall consist of and be limited to:
A. Pacific Bell (Project No. W31884Q) (Drawings: 1 through 8)
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Furnish and install substructures including, but not limited to, conduits, boxes,
equipment enclosures, grounds, conduit elbows and riser bends, end caps, pull lines,
and encasement.
B. Pacific Gas and Electric (Substructure Layout Ref No. 98E70877)
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
IVROJECrMSan RafaeNW12.04\CONTRACRCONV-AGR.00C 2 of 7
Lindaro Street Underground District
San Rafael
U61ity Conversion Agreement
May 10, 1999
2. Material and installation of substructures including conduits, boxes, equipment
enclosures, grounds, conduit elbows and riser bends, end caps, and pull lines.
C. TCI (San Rafael Rule 20A Substructure Project Map )
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Material and installation of substructures including conduits, boxes, equipment
enclosures, grounds, conduit elbows and riser bends, end caps, and pull lines.
D. In a prompt and timely fashion during construction, each of the UTILITIES shall provide
its field representative to inspect the proposed improvements in accordance with Article
4 below. Each of the UTILITIES agrees to coordinate its efforts with CITY and the CITY'S
Contractor, and utilize its best efforts to provide its inspection effort so that the
Contractor is not delayed during the course of construction.
E. The Contractor shall be responsible to provide all conduits and boxes for facilities to be
owned by UTILITIES. However, each UTILITY shall have the authority to direct the
Contractor to provide and place conduit, couples, sweeps, boxes and equipment for
facilities to be owned by each UTILITY respectively.
F. Contractor shall provide to CITY a schedule for all UTILITY work after the contract is
awarded. UTILITIES will be provided ten (10) working days to review contractor's
schedule and object to any portion of contractor's schedule if they find such portion to be
unreasonable. CITY, UTILITIES and the Contractor thereafter agree to meet at least
weekly to agree on a reasonable schedule for all parties.
G. All conductor cable, new riser poles, relocation of existing poles and wires, relocation of
existing equipment, new equipment, and appurtenances required by UTILITIES shall be
furnished, installed, constructed, connected and/or converted by UTILITIES or others and
their separate forces in coordination with the work included under the Project Plans and
Project Specifications.
3. PROJECT COSTS AND PAYMENTS
A. COSTS
Engineering and Form B: The costs associated with the preparation of the composite
design plans and specifications by consultant, and construction management shall
be reimbursed to CITY by UTILITIES according to their proportionate share as
determined in "Form B". A preliminary estimate of the Form B cost allocations are
attached hereto and incorporated herein as Exhibit "A". The final Form B will be
prepared after bidding, and subsequently updated during construction of the project
as required to accommodate contract change orders and changes in the cost of
construction management.
2. Construction Bid: City shall accept the lowest responsive and responsible bid
proposal. UTILITIES may review and/or comment on the bids. The determination to
I %PROJECTSSan R2f2SRM12 DACONTRACTCONV-AGR.DOC 3 of 7
Lindaro Street Underground District Utility Conversion Agreement
San Rafael May 10, 1999
accept or reject shall be done by the CITY, with the concurrence of the participating
UTILITIES. CITY reserves the right to reject any and all bids at its sole discretion.
3. Compaction Testing: Testing of the trench backfill compaction shall be provided by
the Contractor and shall be included in his costs for trench excavation and backfill.
4. Health and Safety Work Plan: A Health and Safety Work Plan shall be included with
the contract for construction. The Contractor's conformance with the Health and
Safety Work Plan shall be included in the contract costs for excavation and backfill.
5. Change Orders: All costs incurred by City for construction of UTILITY facilities
included under this Agreement shall be determined based on actual costs to CITY
for applicable Contract bid items, Contract Change Orders and other incidental and
miscellaneous construction expenses incurred by CITY. Contract Change Orders
required during construction shall be approved in writing by the construction
representative for the CITY, and the construction representative of each of the
UTILITIES involved in the work which is the subject of the Change Order. Included
among construction contract change orders shall be extension of unit prices for
quantity changes that are determined by CITY and UTILITIES to be required during
construction.
B. PAYMENTS
CITY shall bill UTILITIES, separately, every two months, for work included under this
Agreement. The quantity of progress payment to the Contractor and bill amount to the
UTILITIES shall be mutually agreed to in writing by CITY and UTILITY representatives.
Such billing shall include for each UTILITY its share of the preparation of the composite
plans and specifications, and construction costs of the utility facilities, as estimated in
Form B as described in Section 3-A above.
UTILITIES shall pay the billed amount no later than sixty (60) days after receipt of the
billing.
4. CONSTRUCTION INSPECTION
CITY shall furnish primary construction inspection and management services for all
phases of the Project work. The Director of Public Works or his appointed representative
shall be solely responsible for construction management and inspection liaison with the
Project Contractor. In this regard, all communications and directions of UTILITIES to the
Project Contractor shall be directed through the CITY representative.
UTILITIES representatives shall have access to the work on Utility facilities at all times,
and without restriction, for purposes of inspection of such facilities. The CITY and
UTILITIES representatives shall cooperate and confer to facilitate the performance of
inspection duties incident to expeditious completion and acceptance of UTILITY facilities.
Each of the UTILITIES shall have a Construction Representative assigned to the
PROJECT who is available as required and who has the authority to approve Contract
Change Orders for adjustments to the cost of construction of the PROJECT. The
I %PROJECTS45an RahaWW12 04%C0NTRACT%C0NV-AGR.DOC 4 of 7
Lindaro Street Underground District
San Rafael
Utility Conversion Agreement
May 10, 1999
Construction Representative for each UTILITY may, or may not be, the same individual
assigned to perform construction inspection for each UTILITY.
5. PROJECT WARRANTY
The CITY, in its Agreement with the Project Contractor, will require that the Contractor
shall guarantee all materials and workmanship for a period of two (2) years from date of
acceptance of the project by the CITY. Any defects due to faulty materials, method of
installation or workmanship within that period shall be repaired by the Contractor
promptly, upon notice of the Engineer, at the total and complete expense of the
Contractor.
CITY in its agreement with Contractor shall designate UTILITIES as third party
beneficiaries.
CITY will cooperate with UTILITIES in the enforcement of such guarantee. This
guarantee of CONTRACTOR shall be operative in lieu of all other guarantees or
warranties.
6. OWNERSHIP OF FACILITIES
Upon completion of the work specified under this Agreement and mutual acceptance
thereof by CITY and UTILITIES' representatives in writing, all facilities so installed and
constructed shall become the property of UTILITIES.
7. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the respective successors and assigns of the
parties hereto.
8. MERGER
This writing is intended both as the final expression of the Agreement between the
parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section
1856. No modification of this Agreement shall be effective unless and until such
modification is evidenced by a writing signed by both parties.
9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING
PAYMENTS
All notices, bills, and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills, and payments sent by mail should be addressed as
follows:
CITY: City of San Rafael
Attention: David Bemardi, Director of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
1 %PROJECTS%San RataeNMI2 041CONTRACnCONV-AGR.DOC 5 of 7
Lindaro Street Underground District
San Rafael
UTILITIES: Pacific Gas and Electric
Attention: Libby Rossknecht
111 Stony Circle
Santa Rosa, CA 95401
Pacific Bell
Attention: Bob Righetti
2125 Occidental Rd
Santa Rosa, CA 95401
TCI
Attention: Don Wilson
1111 Andersen Dr
San Rafael, CA 94901
Utility Conversion Agreement
May 10, 1999
and when so addressed, shall be deemed given upon deposit in the United States Mail
postage prepaid. In all other instances, notices, bills, and payments shall be deemed
given at the time of actual delivery. Changes may be made in the names and addresses
of the person to whom notices, bills, and payments are to be made by giving notice
pursuant to this paragraph.
10. INDEMNIFICATION
CITY agrees to indemnify UTILITIES against all liability incurred by UTILITIES on account
of the negligence of CITY employees and CONTRACTOR employees arising out the
Project.
UTILITIES agree to indemnify CITY against all liability incurred by CITY on account of the
negligence of UTILITY employees arising out of the Project.
1APROJECTS1San RaheP96012.04%CONTRACRCONV-AGR.DOC 6 of 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
BY CITY this 2Qth day of September
BY PACIFIC GAS AND ELECTRIC COMPANY this
BY PACIFIC BELL this N/A day of
BY TCI this N/A day of N/A
PACIFIC GAS and ELECTRIC CO.
By: o
- - vv
PACIFIC BELL
By: Identical Document Sioned Separately
Mark Escudero
Engineering Manager -North Coast
TCI
By: Identical Document Sioned Separately
By:
Assistant City Attorney
9'
1998'
20th day of Sept. , 1998
N/A , 1998
1998! In
City of San Rafael:
By:
&bot
Pd,
a
ATTEST:
Cft CLERK
1.TPR0JECTS%San RafaaNW12.04%C0NTRACT\PG&ES1G DOC 7 of 7
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AGREEMENT FOR THE CONVERSION
OF OVERHEAD UTILITY FACILITIES TO UNDERGROUND UTILITY FACILITIES
This Agreement, made and entered into this 20th. day of Seat. , 1999, by and between the City
of San Rafael, a municipal organization duly organized under the laws of the State of California,
herein called "CITY", and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation;
PACIFIC BELL, a California corporation; and TCI herein collectively called "UTILITIES."
WITNESSETH:
WHEREAS, the City Council of the City of San Rafael, by adopting Resolution No. 9920
on !2 7 , hereinafter called the LINDARO STREET UNDERGROUND UTILITY
DISTRICT, and
WHEREAS, City and UTILITIES have completed plans, specifications, and contract
documents for the conversion of overhead facilities of UTILITIES to underground, and the City has
completed plans, specifications, and contract documents for the roadway improvements, known as
the 2nd Street Widening Project, and the City is preparing to call for bids for the construction of the
joint trench improvements within the Lindaro Street Underground Utility District Improvements in
conjunction with the 2nd Street Widening Project, both taken together and hereinafter called the
PROJECT, and
WHEREAS, UTILITIES agree to the City's request that the City act as Project Manager in
accordance with California Public Utilities Commission (CPUC) Rules 20A (Pacific Gas and Electric
Co.) and (Pacific Bell) Rule No. 32 (Category No. 1) for the installation of those substructures as
shown on City plans entitled "Trench Composite Plan Lindaro Street Underground Utility District",
and as more specifically stipulated in this Agreement:
NOW, THEREFORE, IT IS AGREED as follows:
9. GENERAL PROVISIONS
A. The UTILITY facilities to be installed and constructed pursuant to this Agreement, in
conjunction with and as a part of the Project Plans, Project Specifications and Project
Contract documents approved by the City Council of CITY and filed in the office of
the Director of the Department of Public Works of CITY, will generally lie within the
limits of the rights of way of Second St. and Third St. between Brooks Street and
Tamalpais Avenue; and the right of way of Lindaro, Lootens and Cijos Streets
between Third Street and Fourth Street; the right-of-way of Ritter Street; and the
right-of-way of Lincoln Avenue between Fourth Street and 1,000 feet south of Second
Street. A copy of the Project Plans and Specifications will be made available for
inspection and review at the Department of Public Works of CITY.
B. CITY, as trenching agent, will include in the Project Specifications and Project Plans
and cause to be installed and constructed, the UTILITY facilities described in the
Project Contract Documents described above and "Form B" as described in Section
3-A herein. Bid items for said facilities, except as listed in Section 2 of this
Agreement, shall be included in the Project Bid Proposal in the Contract documents,
prepared by CITY, and the specified work shall be performed by the Project
Contractor in accordance with the approved Project Specifications and Project Plans.
11PROJECTSZ-RAFAELWW12 MCONTRAMCOW-AGR DOC
1 of 7
Lindaro Street Underground District
San Rafael
Utility Conversion Agreement
May 10, 1999
C. CITY shall provide, within seven (7) calendar days of the day of bid opening, a
summary of the bid proposals and notice to UTILITIES of the lowest responsible
bidder to whom the Contract will be recommended for award.
D. As required by law, CITY shall award a single, inseparable Contract to the bidder who
has submitted the lowest responsive and responsible bid proposal for the PROJECT.
E. Representatives of UTILITIES shall be available to consult and advise the CITY
representative regarding the acceptability, installation and construction of UTILITY
facilities. However, CITY shall have sole responsibility in all matters pertaining to
Project administration, control and inspection and for all of the phases of construction
and schedules of work included in the approved Project Specifications and Project
Plans. In all matters of Project administration, control, inspection and construction,
the decision of the Director of Public Works of CITY shall be binding and final unless
such construction will, in the opinion of UTILITIES, compromise compliance with the
regulations of the CPUC or the safety and reliability of the utility facilities.
F. CITY shall require that the Contractor shall name UTILITIES as additional insureds
on all insurance documents for said project. Such insurance provisions shall be
shown in the Contract Documents for Construction.
2. PROJECT CONSTRUCTION
In accordance with Paragraph 1-6 of this Agreement, CITY shall cause all labor,
materials, tools, equipment and incidentals to be furnished and all work in connection
with the installation of the substructure systems as shown on, described in, and to the
extent required by the approved Project Plans and Project Specifications to be
completed.
Project Plans include the joint trench composite plan, prepared by the City, and the
separate system plans prepared by the UTILITIES. A description of the separate system
plans is shown below for each agency. The project specifications shall indicate that the
information in the separate system plans, and the direction of the on-site Utility Agency
representative shall take precedence over the joint trench composite plan.
The work for which the CITY shall be responsible shall consist of and be limited to:
A. Pacific Bell (Project No. W31884Q) (Drawings: 1 through 8)
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Furnish and install substructures including, but not limited to, conduits, boxes,
equipment enclosures, grounds, conduit elbows and riser bends, end caps, pull lines,
and encasement.
B. Pacific Gas and Electric (Substructure Layout Ref No. 98E70877)
I:IPROJECTSISRAFAEL\96012.G41CONTRACT\CONV.AGR.bOC 2 of 7
Lindaro Street Underground District Utility Conversion Agreement
San Rafael May 10, 1999
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Material and installation of substructures including conduits, boxes, equipment
enclosures, grounds, conduit elbows and riser bends, end caps, and pull lines.
C. TCI (San Rafael Rule 20A Substructure Project Map )
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Material and installation of substructures including conduits, boxes, equipment
enclosures, grounds, conduit elbows and riser bends, end caps, and pull lines.
D. In a prompt and timely fashion during construction, each of the UTILITIES shall provide
its field representative to inspect the proposed improvements in accordance with Article
4 below. Each of the UTILITIES agrees to coordinate its efforts with CITY and the CITY'S
Contractor, and utilize its best efforts to provide its inspection effort so that the
Contractor is not delayed during the course of construction.
E. The Contractor shall be responsible to provide all conduits and boxes for facilities to be
owned by UTILITIES. However, each UTILITY shall have the authority to direct the
Contractor to provide and place conduit, couples, sweeps, boxes and equipment for
facilities to be owned by each UTILITY respectively.
F. Contractor shall provide to CITY a schedule for all UTILITY work after the contract is
awarded. UTILITIES will be provided ten (10) working days to review contractor's
schedule and object to any portion of contractor's schedule if they find such portion to be
unreasonable. CITY, UTILITIES and the Contractor thereafter agree to meet at least
weekly to agree on a reasonable schedule for all parties.
G. All conductor cable, new riser poles, relocation of existing poles and wires, relocation of
existing equipment, new equipment, and appurtenances required by UTILITIES shall be
furnished, installed, constructed, connected and/or converted by UTILITIES or others and
their separate forces in coordination with the work included under the Project Plans and
Project Specifications.
3. PROJECT COSTS AND PAYMENTS
A. COSTS
1. Engineering and Form B: The costs associated with the preparation of the composite
design plans and specifications by consultant, and construction management shall
be reimbursed to CITY by UTILITIES according to their proportionate share as
determined in "Form B". A preliminary estimate of the Form B cost allocations are
attached hereto and incorporated herein as Exhibit "A". The final Form B will be
prepared after bidding, and subsequently updated during construction of the project
as required to accommodate contract change orders and changes in the cost of
construction management.
11PROJECTSZ-RAFAELWW12.D4%CONTRACTICONV-AGR DOC 3 of 7
Undaro Street Underground District
San Rafael
Utility Conversion Agreement
May 10, 1999
2. Construction Bid: City shall accept the lowest responsive and responsible bid
proposal. UTILITIES may review and/or comment on the bids. The determination to
accept or reject shall be done by the CITY, with the concurrence of the participating
UTILITIES. CITY reserves the right to reject any and all bids at its sole discretion.
3. Compaction Testing: Testing of the trench backfill compaction shall be provided by
the Contractor and shall be included in his costs for trench excavation and backfill.
4. Health and Safety Work Plan: A Health and Safety Work Plan shall be included with
the contract for construction. The Contractor's conformance with the Health and
Safety Work Plan shall be included in the contract costs for excavation and backfill.
5. Change Orders: All costs incurred by City for construction of UTILITY facilities
included under this Agreement shall be determined based on actual costs to CITY
for applicable Contract bid items, Contract Change Orders and other incidental and
miscellaneous construction expenses incurred by CITY. Contract Change Orders
required during construction shall be approved in writing by the construction
representative for the CITY, and the construction representative of each of the
UTILITIES involved in the work which is the subject of the Change Order. Included
among construction contract change orders shall be extension of unit prices for
quantity changes that are determined by CITY and UTILITIES to be required during
construction.
B. PAYMENTS
CITY shall bill UTILITIES, separately, every two months, for work included under this
Agreement. The quantity of progress payment to the Contractor and bill amount to the
UTILITIES shall be mutually agreed to in writing by CITY and UTILITY representatives.
Such billing shall include for each UTILITY its share of the preparation of the composite
plans and specifications, and construction costs of the utility facilities, as estimated in
Form B as described in Section 3-A above.
UTILITIES shall pay the billed amount no later than sixty (60) days after receipt of the
billing.
4. CONSTRUCTION INSPECTION
CITY shall furnish primary construction inspection and management services for all
phases of the Project work. The Director of Public Works or his appointed representative
shall be solely responsible for construction management and inspection liaison with the
Project Contractor. In this regard, all communications and directions of UTILITIES to the
Project Contractor shall be directed through the CITY representative.
UTILITIES representatives shall have access to the work on Utility facilities at all times,
and without restriction, for purposes of inspection of such facilities. The CITY and
UTILITIES representatives shall cooperate and confer to facilitate the performance of
inspection duties incident to expeditious completion and acceptance of UTILITY facilities.
i 1PROJECTSIS-RAFAELM012.041CONTRACnCONV-AGR.DOC 4 of 7
Lindaro Street Underground District
San Rafael
Utility Conversion Agreement
May 10, 1999
Each of the UTILITIES shall have a Construction Representative assigned to the
PROJECT who is available as required and who has the authority to approve Contract
Change Orders for adjustments to the cost of construction of the PROJECT. The
Construction Representative for each UTILITY may, or may not be, the same individual
assigned to perform construction inspection for each UTILITY.
5. PROJECT WARRANTY
The CITY, in its Agreement with the Project Contractor, will require that the Contractor
shall guarantee all materials and workmanship for a period of two (2) years from date of
acceptance of the project by the CITY. Any defects due to faulty materials, method of
installation or workmanship within that period shall be repaired by the Contractor
promptly, upon notice of the Engineer, at the total and complete expense of the
Contractor.
CITY in its agreement with Contractor shall designate UTILITIES as third party
beneficiaries.
CITY will cooperate with UTILITIES in the enforcement of such guarantee. This
guarantee of CONTRACTOR shall be operative in lieu of all other guarantees or
warranties.
6. OWNERSHIP OF FACILITIES
Upon completion of the work specified under this Agreement and mutual acceptance
thereof by CITY and UTILITIES' representatives in writing, all facilities so installed and
constructed shall become the property of UTILITIES.
7. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the respective successors and assigns of the
parties hereto.
8. MERGER
This writing is intended both as the final expression of the Agreement between the
parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section
1856. No modification of this Agreement shall be effective unless and until such
modification is evidenced by a writing signed by both parties.
9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING
PAYMENTS
All notices, bills, and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills, and payments sent by mail should be addressed as
follows:
I1PROJECTS%&RAFAELW012041CONTRACnCOW-AGR DOC 5 of 7
Lindaro Street Underground District Utility Conversion Agreement
San Rafael May 10, 1999
CITY: City of San Rafael
Attention: David Bernardi, Director of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
UTILITIES: Pacific Gas and Electric
Attention: Libby Rossknecht
111 Stony Circle
Santa Rosa, CA 95401
Pacific Bell
Attention: Bob Righetti
2125 Occidental Rd
Santa Rosa, CA 95401
TCI
Attention : Don Wilson
1111 Andersen Dr
San Rafael, CA 94901
and when so addressed, shall be deemed given upon deposit in the United States Mail
postage prepaid. In all other instances, notices, bills, and payments shall be deemed
given at the time of actual delivery. Changes may be made in the names and addresses
of the person to whom notices, bills, and payments are to be made by giving notice
pursuant to this paragraph.
10. INDEMNIFICATION
CITY agrees to indemnify UTILITIES against all liability incurred by UTILITIES on account
of the negligence of CITY employees and CONTRACTOR employees arising out the
Project.
UTILITIES agree to indemnify CITY against all liability incurred by CITY on account of the
negligence of UTILITY employees arising out of the Project.
11PROJECTS%S-RAFAEL%M12.041CONTRACMONV-AGR.DOC 6 of 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
BY CITY this 20th day of September
BY PACIFIC GAS AND ELECTRIC COMPANY this
BY PACIFIC BELL this 20th day of Sept.
BY TCI this N/A day of
PACIFIC GAS and ELECTRIC CO.
By: Identical Document Siqned Separatelv
PACIFIC BELL
Mark Escudero
Engineering Manager -North Coast
1
T I
By: Identical Document Siqned Separatelv
I
N/A
, 199.
N/A day of N/A , 199$0
, 1998'9
, 1998'.4
City of San Rafael:
By:
Mbl' ;.M , Mayo
ATTEST:
By: U -CITY CLER
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AGREEMENT FOR THE CONVERSION
OF OVERHEAD UTILITY FACILITIES TO UNDERGROUND UTILITY FACILITIES
This Agreement, made and entered into this 20th day of Sept. , 1999, by and between the City
of San Rafael, a municipal organization duly organized under the laws of the State of California,
herein called "CITY", and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation;
PACIFIC BELL, a California corporation; and TCI herein collectively called "UTILITIES."
WITNESSETH:
WHEREAS, the City Council of the City of San Rafael, by adopting Resolution No. 9926
on 9/t5'/91 , hereinafter called the LINDARO STREET UNDERGROUND UTILITY
DISTRICT, and
WHEREAS, City and UTILITIES have completed plans, specifications, and contract
documents for the conversion of overhead facilities of UTILITIES to underground, and the City has
completed plans, specifications, and contract documents for the roadway improvements, known as
the 2nd Street Widening Project, and the City is preparing to call for bids for the construction of the
joint trench improvements within the Lindaro Street Underground Utility District Improvements in
conjunction with the 2"d Street Widening Project, both taken together and hereinafter called the
PROJECT, and
WHEREAS, UTILITIES agree to the City's request that the City act as Project Manager in
accordance with California Public Utilities Commission (CPUC) Rules 20A (Pacific Gas and Electric
Co.) and (Pacific Bell) Rule No. 32 (Category No. 1) for the installation of those substructures as
shown on City plans entitled "Trench Composite Plan Lindaro Street Underground Utility District",
and as more specifically stipulated in this Agreement:
NOW, THEREFORE, IT IS AGREED as follows:
1. GENERAL PROVISIONS
A. The UTILITY facilities to be installed and constructed pursuant to this Agreement, in
conjunction with and as a part of the Project Plans, Project Specifications and Project
Contract documents approved by the City Council of CITY and filed in the office of
the Director of the Department of Public Works of CITY, will generally lie within the
limits of the rights of way of Second St. and Third St. between Brooks Street and
Tamalpais Avenue; and the right of way of Lindaro, Lootens and Cijos Streets
between Third Street and Fourth Street; the right-of-way of Ritter Street; and the
right-of-way of Lincoln Avenue between Fourth Street and 1,000 feet south of Second
Street. A copy of the Project Plans and Specifications will be made available for
inspection and review at the Department of Public Works of CITY.
B. CITY, as trenching agent, will include in the Project Specifications and Project Plans
and cause to be installed and constructed, the UTILITY facilities described in the
Project Contract Documents described above and "Form B" as described in Section
3-A herein. Bid items for said facilities, except as listed in Section 2 of this
Agreement, shall be included in the Project Bid Proposal in the Contract documents,
prepared by CITY, and the specified work shall be performed by the Project
Contractor in accordance with the approved Project Specifications and Project Plans.
I.\PROJECTS\S-RAFAELl9801204\CONTRACT\CON V -AGR. DOC
Last printed 03/10!98 8:38 AM 1 of 7
Undaro Street Underground District
San Rafael
Utility Conversion Agreement
March 9, 1999
C. CITY shall provide, within seven (7) calendar days of the day of bid opening, a
summary of the bid proposals and notice to UTILITIES of the lowest responsible
bidder to whom the Contract will be recommended for award.
D. As required by law, CITY shall award a single, inseparable Contract to the bidder who
has submitted the lowest responsive and responsible bid proposal for the PROJECT.
E. Representatives of UTILITIES shall be available to consult and advise the CITY
representative regarding the acceptability, installation and construction of UTILITY
facilities. However, CITY shall have sole responsibility in all matters pertaining to
Project administration, control and inspection and for all of the phases of construction
and schedules of work included in the approved Project Specifications and Project
Plans. In all matters of Project administration, control, inspection and construction,
the decision of the Director of Public Works of CITY shall be binding and final unless
such construction will, in the opinion of UTILITIES, compromise compliance with the
regulations of the CPUC or the safety and reliability of the utility facilities.
F. CITY shall require that the Contractor shall name UTILITIES as additional insureds
on all insurance documents for said project. Such insurance provisions shall be
shown in the Contract Documents for Construction.
2. PROJECT CONSTRUCTION
In accordance with Paragraph 1-13 of this Agreement, CITY shall cause all labor,
materials, tools, equipment and incidentals to be furnished and all work in connection
with the installation of the substructure systems as shown on, described in, and to the
extent required by the approved Project Plans and Project Specifications to be
completed.
Project Plans include the joint trench composite plan, prepared by the City, and the
separate system plans prepared by the UTILITIES. A description of the separate system
plans is shown below for each agency. The project specifications shall indicate that the
information in the separate system plans, and the direction of the on-site Utility Agency
representative shall take precedence over the joint trench composite plan.
The work for which the CITY shall be responsible shall consist of and be limited to:
A. Pacific Bell (Project No. W31884Q) (Drawings: 1 through 8
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Furnish and install substructures including, but not limited to, conduits, boxes,
equipment enclosures, grounds, conduit elbows and riser bends, end caps, pull lines,
and encasement.
B. Pacific Gas and Electric (Substructure Layout Ref No. 98E70877)
1:1PROJECTSIS-RAFAELL9B012.041CONTRAC'nCONV-AGR.DOC 2 of 7
Lindaro Street Underground District Ufility Conversion Agreement
San Rafael March 9, 1999
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Material and installation of substructures including conduits, boxes, equipment
enclosures, grounds, conduit elbows and riser bends, end caps, and pull lines.
C. TCI (San Rafael Rule 20A Substructure Project Map f �Z* ,u EJ —�8&
1. All trench excavation, backfill, and compaction, trench sawcutting and resurfacing
and site repair for substructure systems.
2. Material and installation of substructures including conduits, boxes, equipment
enclosures, grounds, conduit elbows and riser bends, end caps, and pull lines.
D. In a prompt and timely fashion during construction, each of the UTILITIES shall provide
its field representative to inspect the proposed improvements in accordance with Article
4 below. Each of the UTILITIES agrees to coordinate its efforts with CITY and the CITY'S
Contractor, and utilize its best efforts to provide its inspection effort so that the
Contractor is not delayed during the course of construction.
E. The Contractor shall be responsible to provide all conduits and boxes for facilities to be
owned by UTILITIES. However, each UTILITY shall have the authority to direct the
Contractor to provide and place conduit, couples, sweeps, boxes and equipment for
facilities to be owned by each UTILITY respectively.
F. Contractor shall provide to CITY a schedule for all UTILITY work after the contract is
awarded. UTILITIES will be provided ten (10) working days to review contractor's
schedule and object to any portion of contractors schedule if they find such portion to be
unreasonable. CITY, UTILITIES and the Contractor thereafter agree to meet at least
weekly to agree on a reasonable schedule for all parties.
G. All conductor cable, new riser poles, relocation of existing poles and wires, relocation of
existing equipment, new equipment, and appurtenances required by UTILITIES shall be
furnished, installed, constructed, connected and/or converted by UTILITIES or others and
their separate forces in coordination with the work included under the Project Plans and
Project Specifications.
3. PROJECT COSTS AND PAYMENTS
A. COSTS
1. Engineering and Form B: The costs associated with the preparation of the composite
design plans and specifications by consultant, and construction management shall
be reimbursed to CITY by UTILITIES according to their proportionate share as
determined in "Form B". A preliminary estimate of the Form B cost allocations are
attached hereto and incorporated herein as Exhibit "A". The final Form B will be
prepared after bidding, and subsequently updated during construction of the project
as required to accommodate contract change orders and changes in the cost of
construction management.
1:%PROJECTSIS-RAFAELM012041CONTRACTCONV-AGR.DOC 3 of 7
Undaro Street Underground District
San Rafael
Utility Conversion Agreement
March 9, 1999
2. Construction Bid: City shall accept the lowest responsive and responsible bid
proposal. UTILITIES may review and/or comment on the bids. The determination to
accept or reject shall be done by the CITY, with the concurrence of the participating
UTILITIES. CITY reserves the right to reject any and all bids at its sole discretion.
3. Compaction Testing: Testing of the trench backfill compaction shall be provided by
the Contractor and shall be included in his costs for trench excavation and backfill.
4. Health and Safety Work Plan: A Health and Safety Work Plan shall be included with
the contract for construction. The Contractor's conformance with the Health and
Safety Work Plan shall be included in the contract costs for excavation and backfill.
5. Change Orders: All costs incurred by City for construction of UTILITY facilities
included under this Agreement shall be determined based on actual costs to CITY
for applicable Contract bid items, Contract Change Orders and other incidental and
miscellaneous construction expenses incurred by CITY. Contract Change Orders
required during construction shall be approved by the construction representative for
the CITY, and the construction representative of each of the UTILITIES involved in
the work which is the subject of the Change Order. Included among construction
contract change orders shall be extension of unit prices for quantity changes that are
determined by CITY and UTILITIES to be required during construction.
B. PAYMENTS
CITY shall bill UTILITIES, separately, every two months, for work included under this
Agreement. The quantity of progress payment to the Contractor and bill amount to the
UTILITIES shall be mutually agreed to by CITY and UTILITY representatives. Such
billing shall include for each UTILITY its share of the preparation of the composite plans
and specifications, and construction costs of the utility facilities, as estimated in Form B
as described in Section 3-A above.
UTILITIES shall pay the billed amount no later than sixty (60) days after receipt of the
billing.
4. CONSTRUCTION INSPECTION
CITY shall furnish primary construction inspection and management services for all
phases of the Project work. The Director of Public Works or his appointed representative
shall be solely responsible for construction management and inspection liaison with the
Project Contractor. In this regard, all communications and directions of UTILITIES to the
Project Contractor shall be directed through the CITY representative.
UTILITIES representatives shall have access to the work on Utility facilities at all times,
and without restriction, for purposes of inspection of such facilities. The CITY and
UTILITIES representatives shall cooperate and confer to facilitate the performance of
inspection duties incident to expeditious completion and acceptance of UTILITY facilities.
1:13ROJECTS%&RAFAELWW12041CONTRACTCONV-AGR. DOC 4 of 7
Lindaro Street Underground District
San Rafael
Utility Conversion Agreement
March 9, 1999
Each of the UTILITIES shall have a Construction Representative assigned to the
PROJECT who is available as required and who has the authority to approve Contract
Change Orders for adjustments to the cost of construction of the PROJECT. The
Construction Representative for each UTILITY may, or may not be, the same individual
assigned to perform construction inspection for each UTILITY.
5. PROJECT WARRANTY
The CITY, in its Agreement with the Project Contractor, will require that the Contractor
shall guarantee all materials and workmanship for a period of two (2) years from date of
acceptance of the project by the CITY. Any defects due to faulty materials, method of
installation or workmanship within that period shall be repaired by the Contractor
promptly, upon notice of the Engineer, at the total and complete expense of the
Contractor.
CITY in its agreement with Contractor shall designate UTILITIES as third party
beneficiaries.
CITY will cooperate with UTILITIES in the enforcement of such guarantee. This
guarantee of CONTRACTOR shall be operative in lieu of all other guarantees or
warranties.
6. OWNERSHIP OF FACILITIES
Upon completion of the work specified under this Agreement and mutual acceptance
thereof by CITY and UTILITIES' representatives, all facilities so installed and constructed
shall become the property of UTILITIES.
7. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the respective successors and assigns of the
parties hereto.
8. MERGER
This writing is intended both as the final expression of the Agreement between the
parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section
1856. No modification of this Agreement shall be effective unless and until such
modification is evidenced by a writing signed by both parties.
9. METHOD AND PLACE OF GN/NG NOTICE, SUBMITTING BILLS, AND MAKING
PAYMENTS
All notices, bills, and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills, and payments sent by mail should be addressed as
follows:
1APROJECTSIS-RAFAEL196012.041CONTRACi1CONV-AGR. DOC 5 of
Lindaro Street Underground District Utility Conversion Agreement
San Rafael March 9, 1999
CITY: City of San Rafael
Attention: David Bemardi, Director of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
UTILITIES: Pacific Gas and Electric
Attention: Libby Rossknecht
111 Stony Circle
Santa Rosa, CA 95401
Pacific Bell
Attention: Bob Righetti
2125 Occidental Rd
Santa Rosa, CA 95401
TCI
Attention : Don Wilson
1111 Andersen Dr
San Rafael, CA 94901
and when so addressed, shall be deemed given upon deposit in the United States Mail
postage prepaid. In all other instances, notices, bills, and payments shall be deemed
given at the time of actual delivery. Changes may be made in the names and addresses
of the person to whom notices, bills, and payments are to be made by giving notice
pursuant to this paragraph.
10. INDEMNIFICATION
CITY agrees to indemnify UTILITIES against all liability incurred by UTILITIES on account
of the negligence of CITY employees and CONTRACTOR employees arising out the
Project.
UTILITIES agree to indemnify CITY against all liability incurred by CITY on account of the
negligence of UTILITY employees arising out of the Project.
1APROJECTSIS-RAFAEL06012 MCONTRAMCONV-AGRMOC 6 of 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
BY CITY this 20th day of Septemlaer, 19 9.&.
BY PACIFIC GAS AND ELECTRIC COMPANY this N/A day of N/A , 199e9
BY PACIFIC BELL this N/A day of N/A , 1990
BY TCI this 91w day of FR14 '1998.9 41
PACIFIC GAS and ELECTRIC CO.
By: Identical Document Signed Separately
PACIFIC BELL
By: Identical Document Siqned Separatelv
TCI
By: J4A4691-A
Assistant City Attorn y
City of San Rafael:
By:
/45ert Boro, gayor
ATTEST:
Gzl`TY CLERK
I:%PROJECT5y5-RAFAEL%96012.04%CONTRACT\TCISIG.DOC 7 Of 7
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